Tips For Experimental-Use Agreements To Avoid On-Sale Bar

By LiJen Shen, Cory Smith and George Chen (September 14, 2022, 4:34 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit recently revisited the application of the experimental-use exception to the on-sale bar to patentability, finding that the primary purpose of a pre-critical date sale was commercial, not experimental, despite the equipment testing conducted as part of the sale. In Sunoco Partners Marketing & Terminals LP v. U.S. Venture Inc.,[1] the court found that the experimental-use exception did not apply for two reasons....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!